Williams v. Calmark Mailing Service, Inc.

Plaintiff, Benny Williams, appeals from an order of the circuit court of Cook County granting the motion of defendant Calmark Mailing Service, Inc., for judgment on the pleadings, which alleged that defendant owed no duty to plaintiff. Plaintiff contends that a duty did exist.

This is a suit for personal injuries sustained by plaintiff on February 21, 1986, when his car collided with a freight train at the crossing near 1400 West 44th Street in Chicago. The plaintiff brought a three-count complaint of which the first two counts were against the railroad and the third count was against…